Kerala HC lays down guidelines for prompt reporting of malpractices at Sabarimala, other Devaswom temples

The Kerala High Court on Thursday issued comprehensive directions to streamline vigilance oversight at the Sabarimala Temple and other temples managed by the Travancore Devaswom Board (TDB) and ensure that any malpractices detected in these temples are promptly reported [Suo Motu v State of Kerala & ors].The guidelines laid down by the Division Bench of Justice Raja Vijayaraghavan V and Justice KV Jayakumar mandate quarterly status reports and time-bound action to address misconduct, malpractices, and administrative lapses in temples.Emphasising the need for prompt intervention in such scenarios to ensure a corruption-free temple administration, the Court stated that there must be a mechanism for continuous and efficient reporting."Whenever misconduct or malpractice comes to the notice of the vigilance wing of the TDB, there should be a mechanism to promptly report the matter to the Board. In the absence of such prompt reporting, the Board may not be able to take effective measures to rectify the lapses by initiating proper remedial measures in accordance with law so as to ensure transparency and to avoid corruption and mismanagement in the temples," the Court said..The Court gave the directions while closing a suo motu case that concerned how misconduct, unauthorised absence of temple staff, and other irregularities in temple administration should be reported.The case was initiated based on the Sabarimala Special Commissioner's Report on how such malpractices are being reported. Earlier, in 2022, the High Court had directed the Chief Vigilance Officer to submit such a report every six months before the High Court Bench dealing with Devaswom matters. Subsequent orders modified the reporting mechanism and timelines to some extent.The TDB's counsel had told the Court that, in line with the modified directions, vigilance reports were being submitted directly to the Board/ TDB for action. However, the amicus curiae representing the Sabarimala Special Commissioner raised concerns that if such reports were given directly to the Board, the Commissioner would not get real-time information about lapses and misconduct happening at the temples.Another concern raised was that if the six-monthly reports on malpractices from all TDB temples were grouped together into a single comprehensive, it may pose difficulties for the Sabarimala Special Commissioner to discern which complaints pertain to the Sabarimala temple. The Bench proceeded to issue directions to address such difficulties, particularly considering that during the Mandala-Makaravilakku pilgrimage season, the volume of vigilance-related matters increases substantially at the Sabarimala temple. These directions include the following. .Quarterly reports: The vigilance wing was ordered to submit comprehensive status reports every quarter, covering (i) January to March (ii) April to June (iii) July to September and (iv) October to December, within seven days from the end of each quarter. These reports are to be submitted to the President of the TDB, with copies submitted simultaneously to the Special Commissioner on fixed dates every year.Division of reports: The Court noted that submitting a single consolidated six-monthly report covering malpractices in the Sabarimala temple and other temples could cause inconvenience and delay in corrective action. Therefore, it has ordered for division of quarterly reports to separately address lapses at the Sabarimala temple and at other temples.Prompt disciplinary action: The Court further directed the TDB to consider each vigilance report within one month and initiate appropriate disciplinary actions whenever necessary, while promptly forwarding the action taken reports to the Special Commissioner, who in turn shall place them before the Court.Sabarimala Temple oversight during pilgrimage season: The vigilance wing of the TDB has been ordered to focus their surveillance and oversight activities at the Sabarimala Temple during the Mandalam-Makaravilakku season (November 15 to January 15) and during the first five days of the Malayalam month in which the temple is open. During periods when the Sabarimala Sree Dharma Sastha Temple is closed, the vigilance wing shall direct its attention towards the major temples under the control of the TDB.Sabarimala Special Commissioner's authority: The Court also clarified that the new system would not restrict the Special Commissioner's authority to report on any serious matter at any time, outside the periodic schedule outlined in the latest directions. .Standing counsel G Biju appeared for the Travancore Devaswom Board.Advocate Sayujya Radhakrishnan assisted the Court as the amicus curiae..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.